MCA/1369/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION No. 1369 of 2008 In LETTERS PATENT APPEAL No. 319 of 2008 In SPECIAL CIVIL APPLICATION No. 16435 of 2007 ========================================================= USHABEN V SHASHTRI - Applicant(s) Versus STATE OF GUJARAT & 1 - Opponent(s) ========================================================= Appearance : MS SONAL D VYAS for Applicant(s) : 1, MS TANUJA KACHCHHI, AGP for Opponent(s) : 1, MR PALAK THAKKER for MR HASMUKH THAKKER for Opponent(s) : 2, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 23/06/2008 ORAL ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
This
Application for review has been taken out by the respondent ý writ
petitioner in above Special Civil Application.
The
above Letters Patent Appeal had come up for hearing before us on 3rd
April, 2008. Ms.Vyas, the learned advocate appearing for the
applicant ý respondent had made a statement that the Special Civil
Application No.25883/2007 preferred by the applicant against the
order of termination of service was withdrawn by the applicant. Based
on the said statement, this Court had made order dated 3rd
April, 2008, now under review. Ms.Vyas has submitted that the
aforesaid statement made by her was not accurate in as much as the
Special Civil Application No.25883/2007 was not withdrawn by the
applicant but it has been allowed by the learned Single Judge.
In
above view of the matter, the Letters Patent Appeal needs to be heard
on merits. The order dated 3rd April, 2008 made by us on
Letters Patent Appeal No.319/2008 and Civil Application No.4195/2008
is recalled. The Letters Patent Appeal No.319/2008 and the Civil
Application No.4195/2008 are restored on the register of this Court.
The Letters Patent Appeal and the Civil Application be notified for
admission hearing before the concerned Bench.
Misc.
Civil Application stands disposed of in the above terms. Rule is made
absolute.
(K.M.Thaker, J.) (Ms.R.M.Doshit, J.) /moin